E-895 Grant of partial easement from Pacific Bell Telephone Company, dba AT&T California to City of Cupertino due to removal of their facilities from Mary Ave Bicycle Footbridge North tower, APN 326-05-082 (Resolution No. 10-197)RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
Pacific Bell Telephone Company
dba AT&T California
2475B North 1 S` Street, Room 600
San Jose, CA 95134
Shirley Victor
NO FEE IN ACCORDANCE
WITH GOV. CODE 27281
1;^?',?"0'?.M_F1D COPY: Ti1is dovim.ent has
hot Lu-,,r,the original.
SA1v`.'IA CLA•1 , t "i' A%TTY CLER --.' EC0RD
Doc#: 20942929
11/04/2010 10�56 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
PARTIAL QUITCLAIM OF EASEMENT PACIFIC BELL TELEPHONE
COMPANY, DBA AT&T CALIFORNIA
TO THE CITY OF CUPERTINO
O Original
For Fast Endorsement
AFTER RECORDING RETURN TO:
PACIFIC BELL TELEPHONE COMPANY
dba AT&T California
3475B N. FIRST STREET, Rm. 600B
SAN JOSE, CA 95134
Attn: Shirley Victor
No Compensation Paid
By: Shirley Victor
Right of Way Manager
APN: 326-05-082
LOC: Mary Ave. & Hwy 280 Pedestrian Overpass
THIS SPACE FOR RECORDER'S USE
GEO: P696
BK: Tract 5722, Bk.361 pgs.33-34
PARTIAL OUITCLAIM OF EASEMENT
PACIFIC BELL TELEPHONE COMPANY, a California Corporation, dba AT&T California does hereby
release and quitclaim to the CITY OF CUPERTINO the hereinafter described real property, all of its right, title
and interest in and to a portion of that certain easement recorded July 2, 1968 as Document No. 3442835 in
Book 8178 Page 31 of Official Records in the Office of the County Recorder of Santa Clara County, State of
California, and described as:
SEE EXIBIT "A" and EXIBIT `B" ATTACHED HERETO AND INCORPORATED HEREIN FOR
LEGAL DESCRIPTION OF QUITCLAIMED PORTION OF EASEMENT.
Executed this day of September, 2010
Pacific Bell Telephone Company
dba AT&T California
BY: 4&t. l C
Edward C. Mitz
Area Manager
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA)
On / , 2010, before me � , a Notary Public
of the tate of California, personally appeared, T , proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature o otary Public
SHIRLEY VICTOR
AreILComm. N0.1720369
is.:
OTARY PUBLIC - CALIFORNIAWMCLARACOLIPM
Comm. E*m An. 26, 2011
July 14, 2010
Job No. A03229-4
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
Pacific Bell Telephone Company Easement To Be Quitclaimed
A portion of that certain Easement situate in the City of Cupertino, County of Santa Clara, State
of California recorded on June 2, 1968 in Book 8178 at page 31, Santa Clara County records
being more particularly described as follows;
Beginning at the southwesterly corner of the land conveyed to Fremont Union High School
District of Santa Clara County, by deed recorded October 25, 1960 as Book 4960 at page 136 of
Official Records and being on the northerly right-of-way line of the Lands of the State of
California;
Thence along said northerly right-of-way line, South 76°07'42" West, 30.00 feet;
Thence leaving said northerly right-of-way line North 00°52'43" East, 5.17 feet;
Thence continuing along a line parallel with and distant 5.00 northerly measured at right angles
from said northerly right-of-way line, North 76°07'42" East, 30.00 feet to a point on the westerly
line of said land conveyed to the Fremont Union High School District;
Thence leaving said parallel line and continuing along said westerly line, South 00°5243" West,
5.17 feet to the Point of Beginning.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
Date 6-1P-fO )z, U
JirAy R. Vigil, LuS. 6256
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06012009.doc
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(6804 O.R. 31 S
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(637A 0.R q29)
l9A 69 0
1
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N100°52'43" E
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(6606 R 423)
(9169 0
CITY OF CUPERTINO
(B 439 OR 300)
(B 605 OR 136)
N 76°0T42" E
30.00'
S 00°52'43" W-
5.1 7' LANDS OF FREMONT
UNION HIGH SCHOOL
(4960 OR 136)
(8320 OR 487)
LANDR.
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PLAT TO ACCOMPANY DESCRIPTION
PACIFIC BELL TELEPHONE COMPANY EASEMENT TO BE QUIT CLAIMED
CUPERTINO CALIFORNIA
- - - JUNE, 2009
SCALE 1 "= 30'
DR. BY MWD
EXHIBIT �EB,E kw KIER & WRIGHT SF7:1
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22 (408) 727 6665
USER: b.qu,, 1:\PRWECT5\A0322e-2\0W0\SUR K- \EASEMENTS\C-PI&T EASE-RCRM.dvg JJL`" i�. -0 ip:}� qu Santa Clara, California 95054 fax (408) 727 5641
RESOLUTION NO. 10-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A PARTIAL QUITCLAIM OF EASEMENT FROM PACIFIC BELL
TELEPHONE COMPANY, DBA AT&T CALIFORNIA TO THE CITY OF CUPERTINO
WHEREAS, the City Council of the City of Cupertino has approved the partial quitclaim
of easement from the Pacific Bell Telephone Company, dba AT&T California to the City of
Cupertino due to the removal of their facilities in the easement at the Mary Avenue Bicycle
Footbridge North tower.
WHEREAS, The City of Cupertino will accept the partial quitclaim of easement, which is
in good and sufficient form, quitclaiming to City of Cupertino, the easement over real property,
situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached
hereto and made a part hereof, and
WHEREAS, the City Manager has been authorized to sign any necessary documents to
accept the partial quitclaim of the easement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves
said partial quitclaim of easement so tendered; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said
partial quitclaim of easement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1 st day of November, 2010, by the following vote:
Vote Members of the Cily Council
AYES:
Wang, Wong, Chang, Mahoney, Santoro
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
A PPP (IVPTI-